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Have a Heart Foundation (Sales & Mktng)     22 May 2015

Shared Parenting Law : Law Commission Report

Kindly find herewith the attachment to down load and link to 

Law Commission Report on Shared Parenting Law In India

https://lawcommissionofindia.nic.in/reports/Report%20No.257%20Custody%20Laws.pdf



 5 Replies

bsrao   22 May 2015

Good. Let us see if there can be a law.

Shantanu Wavhal (Worker)     23 May 2015

hee hee

1 more recommendation ... 

achar dalo is ka ...

Have a Heart Foundation (Sales & Mktng)     31 May 2015

 

https://timesofindia.indiatimes.com/india/Shared-custody-of-child-gets-many-ayes-but-not-all-agree/articleshow/47486328.cms

 

Shared custody of child gets many ayes, but not all agree

Swati Deshpande,TNN | May 31, 2015, 03.29 AM IST

Shared custody of child gets many ayes, but not all agree

Shared custody would give equal legal status to guardianship and custody, said Justice Shah.

MUMBAI: "If you bungle raising your children, I don't think whatever else you do matters very much,'' said Jackie Kennedy, wife of US President John F Kennedy. The father of psychoanalysis Sigmund Freud had said, " I cannot think of any need in childhood as strong as the need for a father's protection.'' 

Yet, in family courts across the country estranged parents squabble over custody of their children. Sharing, a concept they wish to teach their kids is forgotten when custody cases get highly contested and resemble a tug-of-war, the child, being the rope, each side doesn't wish to let go. Recently the chief of the Law Commission of India, former Delhi HC Chief Justice A P Shah, recommended an amendment to law governing guardianship to provide for joint or shared custody of children caught between warring, estranged parents. His proposal made in the "best interest of children'' has resulted in many approving "ayes'' from non-custodial parents and family lawyers but women activists fear that it would impede a wife's right to maintenance. 

Shared custody would give equal legal status to guardianship and custody, said Justice Shah. 

"I welcome this long awaited recommendations of law commission to amend the Guardianship and Wards Act,'' said Mrunalini Deshmukh, divorce lawyer to many celebs. "It's a miserable sight to see in courts, non custodial parents, often fathers having to beg and grovel to have a glimpse of their child or children. Equal rights and equal responsibilities of both parents is absolutely imperative.'' There are mothers too who lack physical custody of children. Such non-custodial parents fight a weary battle to overcome the clear upper hand of the other side and sometimes tutored kids. 

Another top divorce lawyer Mridula Kadam says, "The proposed amendments are progressive and timely to fill the lacuna in law. They will help increase the contact between the child and both parents, which is what lacks today. Children will be not used as weapons by warring couples to settle their scores.'' 

"Responsibility which is with a single parent will now be shared as would parental participation in the child's activities, which is important for the child's growth.'' She said and also welcomed as a "wonderful step'' "giving of access to grandparents as of right.''
https://timesofindia.indiatimes.com/photo/47486330.cms

 

But sounding, what appears to be a sole discordant note to the commission's proposed guidelines, Flavia Agnes, leading women's right lawyer and founder of Majlis, the women's NGO, said, "Our objection is that most women are in a vulnerable situation during divorce proceedings and their entire struggle revolves around keeping the sole custody of the child so that it does not become an arm twisting measure to give up their claim for maintenance. This has happened in several "developed" countries where joint parenting has been introduced. So women just give up the fight, give up all their rights and agree for mutual consent divorce by agreeing to financial terms set up the husband. But in those countries they get state support and help other kind support including housing for single mothers.We do not have such measures.'' 

Dr Harish Shetty, social counsellor said joint custody may not work in the Indian context unless it's a divorce by mutual consent. "In a case where allegations are traded, it is better for one parent to have physical custody with the other parent have access legal rights over major decisions concerning the child.'' A US Supreme Court where joint custody is a favoured law in many states, also cautioned against its advisability in bitterly fought divorces. The court said, "As a court-ordered arrangement imposed upon already embattled and embittered parents, accusing one another of serious vices and wrongs, it can only enhance familial chaos.'' 

In any case, joint custody works well when the split is a mature or amicable, not highly litigated, said Agnes, a view shared by other family court lawyers too in Mumbai. 

The courts don't say it in so many words, but joint custody is awarded by courts in Mumbai and other cities too, usually in mutual consent cases, says veteran family court advocate Kranti Sathe but she says it cannot be a case of "alternate week custody". Like Kadam, she too says "allowing grandparents a legal role would go a long way in India since joint and extended family concepts still play a pivotal role and a connect with grandparents is usually beneficial for children.'' But she questions the maturity of warring couples and asks whether the society here is evolved enough to handle shared custody and joint decision making by divorced parents when even access orders get flouted with impunity. The primary fight is for access to children during and after divorce cases. "Fear of law and a strict implementation for at least bi-monthly access by courts is needed to let children bond at with estranged parent, usually the father,'' said one such father embroiled in a cross-country battle. 

Several non-custodial fathers and few mothers, who fight emotionally and financially draining battles to just get bi-monthly access for a few hours in a dreary court complex of the minor children praised the LCI move. "child custody and healthy access cannot be fought like conventional adversarial litigation... and 'paramount interest of child'' must be defined by courts,'' said one such parent. 

The family court ordered joint parenting plan this week based on the LCI recommendations is the way forward, says a mother whose four-year fight for regular access to her children turns into an uphill battle. 

"The demand has come from men's rights groups such as Child Rights Foundation, who have been campaigning for it'' said Agnes adding that women activists' group were "unfortunately caught napping''. 

But with more fathers desiring to play a greater role in the upbringing of the children, and financially dependent wives at the mercy of estranged husbands, the law also needs to set a rational base for their maintenance so that children are not used as leverage in a divorce battle said counsellors at the family court.

Rajkiran123 (Manager)     26 March 2016

Dear experts,

Is there any update on the shared parenting law and when will it come into effect ? 

husbandinneed   31 October 2016

Dear all

Do you see any updates on this topic? it seems forgotten and i did not hear anything in the news.

 

If anyone knows what happened can they put their words here?

 

thanks,

 


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